S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8286
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 9, 2025
                                ___________
 
 Introduced  by  M. of A. KELLES, GLICK, PAULIN, COOK, ROSENTHAL, HEVESI,
   BRONSON, TAYLOR, SIMON, SAYEGH,  CRUZ,  REYES,  GALLAGHER,  SEAWRIGHT,
   BURDICK,  JACKSON,  LAVINE,  GONZALEZ-ROJAS,  BICHOTTE HERMELYN, OTIS,
   ZINERMAN, MAMDANI, SHIMSKY, LEVENBERG, GIBBS -- Multi-Sponsored by  --
   M.   of   A.      R. CARROLL,   DINOWITZ,  EPSTEIN,  HUNTER,  LUPARDO,
   PEOPLES-STOKES -- read once and referred to the  Committee  on  Higher
   Education
 
 AN  ACT  to amend the public health law, the education law and the labor
   law, in relation to prohibiting participation in torture of  incarcer-
   ated individuals by health professionals
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the "end health
 professionals' complicity in the torture  of  detained  or  incarcerated
 individuals act of 2025".
   §  2.  Legislative  policy and intent. This legislation is intended to
 ensure health professionals fulfill their professional and human  rights
 obligations  to prevent and report torture of people who are detained or
 incarcerated. The purpose is to promote the health  and  safety  of  all
 persons  who  are  held  in,  work  at,  or  volunteer  in a carceral or
 detention facility in New York by requiring measures that will assist in
 eliminating torture of detained or incarcerated persons. These  measures
 include:  creating  a  safe  environment  for  detained and incarcerated
 persons to  report  concerns  about  torture  to  health  professionals;
 requiring that non-incarcerated persons working or volunteering in these
 facilities  report all allegations of torture to an appropriate official
 in these facilities; mandating documentation and  investigation  of  all
 reports  of torture by the agency responsible for managing these facili-
 ties; and designating an agency independent  from  these  facilities  to
 monitor  implementation of these requirements. To facilitate the report-
 ing of alleged torture, this legislation requires  that  such  reporting

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01712-03-5
              

 A. 8286                             2
 
 preserve the confidentiality of those involved and prohibits any retali-
 ation  against persons making such reports. The legislation is based on,
 and is intended to give effect to: accepted standards, including  feder-
 al,  state,  and  local  law;  as well as professional and international
 standards relating to torture of detained or  incarcerated  individuals,
 and  related  matters.  It  is  guided  by  basic principles: (1) health
 professionals shall be dedicated to providing the  highest  standard  of
 care,  with compassion and respect for human dignity and rights; and (2)
 torture of detained or incarcerated individuals is wrong and  inconsist-
 ent  with the practice of the health professions and all persons respon-
 sible for the care and custody of detained or incarcerated  individuals.
 The  legislature  further  finds that the conduct prohibited by this act
 violates the ethical and legal obligations of  licensed  health  profes-
 sionals and all others working or volunteering in a detention facility.
   §  3.  The  public health law is amended by adding a new section 25 to
 read as follows:
   § 25. PARTICIPATION IN TORTURE OF DETAINED OR INCARCERATED INDIVIDUALS
 BY HEALTH PROFESSIONALS.   1. DEFINITIONS.   AS USED  IN  THIS  SECTION,
 UNLESS  THE CONTEXT CLEARLY REQUIRES OTHERWISE, THE FOLLOWING TERMS HAVE
 THE FOLLOWING MEANINGS:
   (A) "HEALTH  PROFESSIONAL"  MEANS  ANY  PERSON  LICENSED,  REGISTERED,
 CERTIFIED, OR EXEMPT TO PRACTICE UNDER (I) ANY OF THE FOLLOWING ARTICLES
 OF  THE  EDUCATION  LAW:  ONE HUNDRED THIRTY-ONE (MEDICINE), ONE HUNDRED
 THIRTY-ONE-B (PHYSICIAN ASSISTANTS), ONE HUNDRED THIRTY-ONE-C  (SPECIAL-
 IST  ASSISTANTS),  ONE  HUNDRED  THIRTY-TWO  (CHIROPRACTIC), ONE HUNDRED
 THIRTY-THREE (DENTISTRY, DENTAL HYGIENE, AND REGISTERED  DENTAL  ASSIST-
 ING),  ONE  HUNDRED  THIRTY-SIX (PHYSICAL THERAPY AND PHYSICAL THERAPIST
 ASSISTANTS), ONE HUNDRED THIRTY-SEVEN (PHARMACY),  ONE  HUNDRED  THIRTY-
 NINE (NURSING), ONE HUNDRED FORTY (PROFESSIONAL MIDWIFERY PRACTICE ACT),
 ONE  HUNDRED  FORTY-ONE (PODIATRY), ONE HUNDRED FORTY-THREE (OPTOMETRY),
 ONE HUNDRED FORTY-FOUR (OPHTHALMIC DISPENSING), ONE HUNDRED  FIFTY-THREE
 (PSYCHOLOGY),  ONE  HUNDRED FIFTY-FOUR (SOCIAL WORK), ONE HUNDRED FIFTY-
 FIVE (MASSAGE THERAPY), ONE HUNDRED  FIFTY-SIX  (OCCUPATIONAL  THERAPY),
 ONE  HUNDRED  FIFTY-SEVEN  (DIETETICS AND NUTRITION), ONE HUNDRED FIFTY-
 NINE (SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS), ONE HUNDRED  SIXTY
 (ACUPUNCTURE),  ONE  HUNDRED  SIXTY-THREE (MENTAL HEALTH PRACTITIONERS),
 ONE HUNDRED SIXTY-FOUR (RESPIRATORY THERAPISTS AND  RESPIRATORY  THERAPY
 TECHNICIANS),  ONE  HUNDRED  SIXTY-FIVE  (CLINICAL LABORATORY TECHNOLOGY
 PRACTICE ACT), OR ONE HUNDRED SIXTY-SIX (MEDICAL PHYSICS  PRACTICE),  OR
 (II)  ARTICLE  THIRTY-FIVE OF THIS CHAPTER (PRACTICE OF RADIOLOGIC TECH-
 NOLOGY).
   (B) "TORTURE" MEANS ANY INTENTIONAL ACT  OR  INTENTIONAL  OMISSION  BY
 WHICH SEVERE PAIN OR SUFFERING, WHETHER PHYSICAL OR MENTAL, IS INFLICTED
 ON A PERSON FOR NO LAWFUL PURPOSE OR FOR SUCH PURPOSES AS OBTAINING FROM
 THE PERSON OR FROM A THIRD PERSON INFORMATION OR A CONFESSION, PUNISHING
 OR  DISCIPLINING OR RETALIATING AGAINST THE PERSON FOR AN ACT THE PERSON
 OR A THIRD PERSON HAS CARRIED OUT (INCLUDING THE HOLDING OF A BELIEF  OR
 MEMBERSHIP  IN ANY GROUP) OR IS SUSPECTED OF HAVING OR PERCEIVED TO HAVE
 CARRIED OUT, OR INTIMIDATING OR COERCING THE PERSON OR A  THIRD  PERSON,
 OR FOR ANY REASON BASED ON DISCRIMINATION OF ANY KIND.
   (I)  "TORTURE"  INCLUDES  ANY CRUEL, INHUMAN OR DEGRADING TREATMENT OR
 PUNISHMENT AS THOSE TERMS AND PRINCIPLES ARE DEFINED AND ARTICULATED  IN
 RELEVANT  INTERNATIONAL TREATIES AND STANDARDS INCLUDING BUT NOT LIMITED
 TO THE CONVENTION AGAINST TORTURE, AND OTHER CRUEL, INHUMANE, OR DEGRAD-
 ING TREATMENT OR PUNISHMENT, THE ISTANBUL  PROTOCOL,  THE  INTERNATIONAL
 COVENANT  ON  CIVIL  AND  POLITICAL  RIGHTS, THE UNITED NATIONS STANDARD
 A. 8286                             3
 
 MINIMUM RULES FOR TREATMENT OF PRISONERS, THE BODY OF PRINCIPLES FOR THE
 PROTECTION OF ALL PERSONS UNDER ANY FORM OF DETENTION  OR  IMPRISONMENT,
 THE  BASIC  PRINCIPLES  FOR  THE  TREATMENT OF PRISONERS, AND THE UNITED
 NATIONS  STANDARD  MINIMUM  RULES  FOR  THE  ADMINISTRATION  OF JUVENILE
 JUSTICE AND THEIR CORRESPONDING INTERPRETING BODIES.
   (II) "TORTURE" ALSO INCLUDES  ANY  CRUEL  AND  UNUSUAL  PUNISHMENT  AS
 DEFINED  IN THE UNITED STATES CONSTITUTION OR THE NEW YORK STATE CONSTI-
 TUTION.
   (C) "COVERED FACILITY" MEANS ANY FACILITY IN NEW YORK WHERE  A  HEALTH
 PROFESSIONAL LICENSED BY THE STATE WORKS, INCLUDING BUT NOT LIMITED TO A
 CORRECTIONAL  FACILITY, A LOCAL CORRECTIONAL FACILITY, A JUVENILE OFFEN-
 DER FACILITY, A COUNTY DETENTION FACILITY FOR JUVENILE  DELINQUENTS  AND
 PERSONS  IN  NEED  OF  SUPERVISION,  A  POLICE DETENTION FACILITY, AND A
 FACILITY IN WHICH A PERSON IS DETAINED DUE TO THEIR IMMIGRATION STATUS.
   (D) "INCARCERATED INDIVIDUAL" MEANS  ANY  PERSON  WHO  IS  SUBJECT  TO
 DETENTION OR INCARCERATION.
   (E)  TO  "ADVERSELY  AFFECT"  A  PERSON'S PHYSICAL OR MENTAL HEALTH OR
 CONDITION DOES NOT INCLUDE CAUSING ADVERSE EFFECTS THAT MAY  ARISE  FROM
 TREATMENT OR CARE WHEN THAT TREATMENT OR CARE IS PERFORMED IN ACCORDANCE
 WITH  GENERALLY  APPLICABLE LEGAL, HEALTH AND PROFESSIONAL STANDARDS AND
 FOR THE PURPOSES OF EVALUATING, TREATING, PROTECTING  OR  IMPROVING  THE
 PERSON'S HEALTH.
   (F)  "INTERROGATION"  MEANS  THE  QUESTIONING OF AN INDIVIDUAL WHO HAS
 BEEN INCARCERATED, DETAINED, OR  WHOSE  FREEDOM  OF  MOVEMENT  HAS  BEEN
 OTHERWISE  RESTRICTED  BY A LAW ENFORCING ENTITY, ORGANIZATION, OR OFFI-
 CIAL.
   (I) "INTERROGATION" INCLUDES THE QUESTIONING OF SUCH INDIVIDUAL TO AID
 OR ACCOMPLISH ANY ILLEGAL OR NOT LEGALLY SANCTIONED ACTIVITY OR PURPOSE.
   (II) "INTERROGATION" DOES NOT INCLUDE QUESTIONING  BY  HEALTH  PROFES-
 SIONALS  TO  ASSESS THE PHYSICAL OR MENTAL CONDITION OF AN INDIVIDUAL IF
 UNDERTAKEN IN ACCORDANCE WITH GENERALLY  APPLICABLE  LEGAL,  HEALTH  AND
 PROFESSIONAL  STANDARDS  AND  FOR  THE PURPOSES OF EVALUATING, TREATING,
 PROTECTING OR IMPROVING THE PERSON'S HEALTH.
   (G) "CONFLICT OF INTEREST" MEANS A SITUATION IN WHICH A HEALTH PROFES-
 SIONAL'S  PERSONAL,  PROFESSIONAL,  FINANCIAL,  OR  OTHER  INTERESTS  OR
 RELATIONSHIPS  COULD  INFLUENCE  SUCH PROFESSIONAL'S OBJECTIVITY, COMPE-
 TENCE, OR EFFECTIVENESS IN PERFORMING  THEIR  PROFESSIONAL  RESPONSIBIL-
 ITIES  AS  SET  FORTH IN ANY FEDERAL OR STATE LAW OR ANY CODE, RULES, OR
 REGULATIONS, WHICH GOVERN THE HEALTH PROFESSIONAL'S PROFESSION  AND  THE
 REQUIREMENTS SET FORTH BY THIS SECTION.
   (I)  "CONFLICT  OF  INTEREST"  INCLUDES, BUT IS NOT LIMITED TO, HAVING
 PRESENT DURING A MEDICAL ENCOUNTER CLOSE RELATIVES OF THE HEALTH PROFES-
 SIONAL OR A PERSON WITH WHOM THE HEALTH PROFESSIONAL LIVES  IN  A  CLOSE
 RELATIONSHIP.
   (II) "CONFLICT OF INTEREST" ALSO INCLUDES WHEN A PATIENT REPORTS THAT,
 DURING  A MEDICAL ENCOUNTER, A PERSON MAY HAVE BEEN INVOLVED IN IMPROPER
 TREATMENT OF THE PATIENT OR ANOTHER INDIVIDUAL AND  THE  HEALTH  PROFES-
 SIONAL  REALIZES  THAT SUCH IDENTIFIED PERSON IS A CLOSE RELATIVE OF THE
 HEALTH PROFESSIONAL OR A PERSON WITH WHOM THE PROFESSIONAL  LIVES  IN  A
 CLOSE RELATIONSHIP.
   2.  KNOWLEDGE.    A  HEALTH PROFESSIONAL WHO RECEIVES INFORMATION THAT
 INDICATES THAT AN INCARCERATED INDIVIDUAL AS DEFINED BY THIS SECTION  IS
 BEING, MAY IN THE FUTURE BE, OR HAS BEEN SUBJECTED TO TORTURE, SHALL USE
 DUE  DILIGENCE  IN  FULFILLING  ALL OF THEIR RESPONSIBILITIES UNDER THIS
 SECTION.
 A. 8286                             4
 
   3. GENERAL OBLIGATIONS OF HEALTH  PROFESSIONALS.    (A)  EVERY  HEALTH
 PROFESSIONAL  SHALL  PROVIDE  EVERY  INCARCERATED INDIVIDUAL UNDER THEIR
 PROFESSIONAL CARE WITH  CARE  OR  TREATMENT  CONSISTENT  WITH  GENERALLY
 APPLICABLE  LEGAL,  HEALTH AND PROFESSIONAL STANDARDS TO THE EXTENT THAT
 THEY  ARE  REASONABLY  ABLE  TO DO SO UNDER THE CIRCUMSTANCES, INCLUDING
 PROTECTING THE CONFIDENTIALITY OF PATIENT INFORMATION.
   (B) STATE AND LOCAL CORRECTIONAL FACILITIES SHALL PROVIDE  VISUAL  AND
 AUDITORY PRIVACY TO ENSURE PATIENT-PROVIDER CONFIDENTIALITY, AS REQUIRED
 BY  APPLICABLE  STATE  AND  FEDERAL  LAWS,  DURING ALL HEALTH ENCOUNTERS
 INVOLVING PERSONS HELD UNDER THEIR  JURISDICTION.  NON-HEALTH  PERSONNEL
 SHALL  NOT  BE  PRESENT IN THE AREAS IN WHICH THE ENCOUNTER IS OCCURRING
 UNLESS THEIR PRESENCE IS PERMITTED PURSUANT TO THIS SECTION,  AND  SHALL
 REMAIN SUFFICIENTLY DISTANT TO MAINTAIN PATIENT-PROVIDER CONFIDENTIALITY
 SO  THAT  CONVERSATIONS BETWEEN AN INDIVIDUAL WHO HAS BEEN INCARCERATED,
 DETAINED, OR WHOSE FREEDOM OF MOVEMENT HAS BEEN  RESTRICTED  AND  HEALTH
 PROFESSIONALS  CANNOT  BE  OVERHEARD AND PATIENTS' VISUAL PRIVACY DURING
 SUCH ENCOUNTERS CAN BE MAINTAINED, EXCEPT WHEN NON-HEALTH PROFESSIONALS'
 PRESENCE IS REQUESTED BY A HEALTH PROFESSIONAL PURSUANT  TO  THIS  PARA-
 GRAPH.  THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS TO MAXI-
 MIZE SUCH CONFIDENTIALITY. SUCH RULES AND REGULATIONS SHALL: (I) PROVIDE
 FOR SECURE AND, WHEN REASONABLE, UNIFORM FILING OF  HEALTH  RECORDS  AND
 REPORTING PURSUANT TO THIS SECTION BY THE CORRECTIONAL AND HEALTH-RELAT-
 ED  AGENCIES  INVOLVED IN PROVIDING CARE; (II) ENSURE THAT THE DESIGN OF
 THE ENCOUNTER SPACE FACILITATES, WHERE REASONABLE,  CONFIDENTIALITY  AND
 SAFETY  THROUGH THE USE OF DEVICES AND PHYSICAL STRUCTURES INCLUDING BUT
 NOT LIMITED TO, PANIC  BUTTONS,  WINDOWS  TO  ALLOW  VISUAL  MONITORING,
 PRIVACY BOOTHS, AND ELECTRONIC SILENT CAMERA MONITORING OF THE ENCOUNTER
 BY SECURITY STAFF; AND (III) ALLOW FOR HAVING PRESENT ADDITIONAL MEDICAL
 PROVIDERS OR NON-SECURITY OBSERVERS DURING THE ENCOUNTER. SUCH RULES AND
 REGULATIONS SHALL BE IN ACCORDANCE WITH ALL FEDERAL OR STATE LAWS RELAT-
 ING TO MEDICAL CONFIDENTIALITY. NON-HEALTH PERSONNEL MAY BE PERMITTED TO
 BE  IN THE ENCOUNTER SPACE IF NEEDED FOR INTERPRETER SERVICES OR ONLY IN
 EXCEPTIONAL CIRCUMSTANCES IF THE HEALTH  PROFESSIONALS  ENGAGED  IN  THE
 ENCOUNTER  DETERMINE  THAT  NON-HEALTH  STAFF IS NEEDED TO BE PRESENT IN
 ORDER TO ENSURE THE SAFETY OF THE PATIENT OR HEALTH STAFF. SUCH DETERMI-
 NATION SHALL BE BASED UPON SPECIFIC BEHAVIOR BY THE PATIENT AT THE  TIME
 OF  THE  ENCOUNTER OR IMMEDIATELY PRECEDING THE ENCOUNTER THAT CREATES A
 SUBSTANTIAL RISK  OF  IMMINENT  VIOLENCE  OR  UNCONTROLLABLE  DISRUPTION
 OCCURRING  DURING  THE  MEDICAL ENCOUNTER. THE HEALTH PROFESSIONAL SHALL
 DOCUMENT IN WRITING SUCH DETERMINATION AND THE REASONS  FOR  DETERMINING
 THAT  THERE  WAS SUCH SUBSTANTIAL RISK. A SECURE ELECTRONIC LOG SHALL BE
 MAINTAINED BY THE AGENCY AND COVERED FACILITY  OF  ALL  ENCOUNTERS  WHEN
 NON-HEALTH PERSONNEL ARE PRESENT DURING ANY HEALTH ENCOUNTER.
   (C)  IN  ALL CLINICAL ASSESSMENTS RELATING TO AN INCARCERATED INDIVID-
 UAL, WHETHER FOR THERAPEUTIC  OR  EVALUATIVE  PURPOSES,  HEALTH  PROFES-
 SIONALS  SHALL  EXERCISE  THEIR PROFESSIONAL JUDGMENT INDEPENDENT OF THE
 INTERESTS OF A GOVERNMENT OR OTHER THIRD PARTY.    DURING  SUCH  MEDICAL
 ENCOUNTERS, THE HEALTH PROFESSIONAL SHALL NOT PROCEED WITH THE ENCOUNTER
 IF  PROCEEDING  WOULD INVOLVE A CONFLICT OF INTEREST AS DEFINED IN PARA-
 GRAPH (G) OF SUBDIVISION ONE OF THIS SECTION AND SHALL SEEK ARRANGEMENTS
 FOR THE PATIENT TO BE PROMPTLY SEEN BY ANOTHER PROVIDER.
   4. CERTAIN CONDUCT OF HEALTH PROFESSIONALS PROHIBITED.  (A) NO  HEALTH
 PROFESSIONAL  SHALL  KNOWINGLY,  RECKLESSLY,  OR NEGLIGENTLY APPLY THEIR
 KNOWLEDGE OR SKILLS IN RELATION TO, ENGAGE IN ANY PROFESSIONAL RELATION-
 SHIP WITH, OR PERFORM PROFESSIONAL SERVICES IN RELATION TO ANY INCARCER-
 ATED INDIVIDUAL  UNLESS  THE  PURPOSE  IS  SOLELY  TO  EVALUATE,  TREAT,
 A. 8286                             5
 
 PROTECT,  OR  IMPROVE  THE PHYSICAL OR MENTAL HEALTH OR CONDITION OF THE
 INCARCERATED INDIVIDUAL (EXCEPT AS PERMITTED BY PARAGRAPH (B) OR (C)  OF
 SUBDIVISION FIVE OF THIS SECTION).
   (B) NO HEALTH PROFESSIONAL SHALL KNOWINGLY, RECKLESSLY, OR NEGLIGENTLY
 ENGAGE,  DIRECTLY OR INDIRECTLY, IN ANY ACT WHICH CONSTITUTES TORTURE OF
 AN INCARCERATED INDIVIDUAL, WHICH MAY INCLUDE PARTICIPATION IN, COMPLIC-
 ITY IN, INCITEMENT TO, ASSISTANCE IN, PLANNING OR DESIGN  OF,  COVER  UP
 OF,  FAILURE  TO  DOCUMENT,  OR  ATTEMPT  OR  CONSPIRACY  TO COMMIT SUCH
 TORTURE.  PROHIBITED FORMS OF ENGAGEMENT INCLUDE BUT ARE NOT LIMITED TO:
   (I) KNOWINGLY, RECKLESSLY, OR NEGLIGENTLY PROVIDING  MEANS,  KNOWLEDGE
 OR  SKILLS, INCLUDING CLINICAL FINDINGS OR TREATMENT, WITH THE INTENT TO
 FACILITATE THE PRACTICE OF TORTURE;
   (II) KNOWINGLY, RECKLESSLY, OR NEGLIGENTLY PERMITTING THEIR KNOWLEDGE,
 SKILLS OR CLINICAL FINDINGS OR TREATMENT TO BE USED IN THE PROCESS OF OR
 TO FACILITATE TORTURE;
   (III) KNOWINGLY, RECKLESSLY, OR NEGLIGENTLY EXAMINING, EVALUATING,  OR
 TREATING  AN  INCARCERATED  INDIVIDUAL  TO  CERTIFY  WHETHER TORTURE CAN
 BEGIN, BE CONTINUED, OR BE RESUMED;
   (IV) BEING PRESENT WHILE TORTURE IS BEING ADMINISTERED;
   (V) OMITTING OR SUPPRESSING INDICATIONS OF  TORTURE  FROM  RECORDS  OR
 REPORTS; AND
   (VI)  ALTERING  HEALTH  RECORDS  OR  REPORTS  TO HIDE, MISREPRESENT OR
 DESTROY EVIDENCE OF TORTURE.
   (C) NO HEALTH PROFESSIONAL SHALL KNOWINGLY, RECKLESSLY, OR NEGLIGENTLY
 APPLY THEIR KNOWLEDGE OR SKILLS OR PERFORM ANY PROFESSIONAL  SERVICE  IN
 ORDER  TO  ASSIST  IN  THE  PUNISHMENT, DETENTION, INCARCERATION, INTIM-
 IDATION, OR COERCION OF AN INCARCERATED INDIVIDUAL WHEN SUCH  ASSISTANCE
 IS PROVIDED IN A MANNER THAT MAY ADVERSELY AFFECT THE PHYSICAL OR MENTAL
 HEALTH  OR CONDITION OF THE INCARCERATED INDIVIDUAL (EXCEPT AS PERMITTED
 BY PARAGRAPH (A) OR (B) OF SUBDIVISION FIVE OF THIS SECTION).
   (D) NO HEALTH PROFESSIONAL SHALL PARTICIPATE IN THE  INTERROGATION  OF
 AN INCARCERATED INDIVIDUAL, INCLUDING BEING PRESENT IN THE INTERROGATION
 ROOM,  ASKING  OR  SUGGESTING QUESTIONS, ADVISING ON THE USE OF SPECIFIC
 INTERROGATION TECHNIQUES, MONITORING THE INTERROGATION, OR MEDICALLY  OR
 PSYCHOLOGICALLY  EVALUATING  A  PERSON  FOR  THE  PURPOSE OF IDENTIFYING
 POTENTIAL INTERROGATION METHODS OR STRATEGIES. HOWEVER,  THIS  PARAGRAPH
 SHALL  NOT BAR A HEALTH PROFESSIONAL FROM BEING PRESENT FOR THE INTERRO-
 GATION OF A MINOR UNDER  PARAGRAPH  (A)  OF  SUBDIVISION  FIVE  OF  THIS
 SECTION  OR  ENGAGING IN CONDUCT UNDER PARAGRAPH (D) OF SUBDIVISION FIVE
 OF THIS SECTION.
   5. CERTAIN CONDUCT OF HEALTH PROFESSIONALS PERMITTED. A HEALTH PROFES-
 SIONAL MAY ENGAGE IN THE FOLLOWING CONDUCT SO LONG AS SUCH CONDUCT  DOES
 NOT  OTHERWISE  VIOLATE  SUBDIVISION THREE OR FOUR OF THIS SECTION, DOES
 NOT ADVERSELY AFFECT THE PHYSICAL OR MENTAL HEALTH OR  CONDITION  OF  AN
 INCARCERATED  INDIVIDUAL  OR  POTENTIAL  SUBJECT,  AND  IS NOT OTHERWISE
 UNLAWFUL:
   (A) APPROPRIATELY PARTICIPATING OR AIDING IN THE INVESTIGATION, PROSE-
 CUTION, OR DEFENSE  OF  A  CRIMINAL,  ADMINISTRATIVE  OR  CIVIL  MATTER,
 INCLUDING PRESENCE DURING THE INTERROGATION OF A MINOR AT THE REQUEST OF
 THE  MINOR  OR  THE  MINOR'S  PARENT  OR GUARDIAN AND FOR THE PURPOSE OF
 SUPPORTING THE HEALTH OF THE MINOR;
   (B) PARTICIPATING IN AN ACT THAT RESTRAINS AN INCARCERATED  INDIVIDUAL
 OR TEMPORARILY ALTERS THE PHYSICAL OR MENTAL ACTIVITY OF AN INCARCERATED
 INDIVIDUAL,  WHERE  THE  ACT  COMPLIES  WITH GENERALLY APPLICABLE LEGAL,
 HEALTH AND PROFESSIONAL STANDARDS, IS NECESSARY FOR  THE  PROTECTION  OF
 THE  PHYSICAL  OR MENTAL HEALTH, CONDITION OR SAFETY OF THE INCARCERATED
 A. 8286                             6
 
 INDIVIDUAL, OTHER  INCARCERATED  INDIVIDUALS,  OR  PERSONS  CARING  FOR,
 GUARDING OR CONFINING THE INCARCERATED INDIVIDUAL;
   (C)  CONDUCTING  BONA  FIDE  HUMAN SUBJECT RESEARCH IN ACCORDANCE WITH
 GENERALLY ACCEPTED LEGAL, HEALTH AND PROFESSIONAL  STANDARDS  WHERE  THE
 RESEARCH  INCLUDES  SAFEGUARDS  FOR  HUMAN  SUBJECTS EQUIVALENT TO THOSE
 REQUIRED BY FEDERAL LAW, INCLUDING INFORMED  CONSENT  AND  INSTITUTIONAL
 REVIEW BOARD APPROVAL WHERE APPLICABLE;
   (D) TRAINING RELATED TO THE FOLLOWING PURPOSES, SO LONG AS SUCH TRAIN-
 ING IS NOT PROVIDED IN SUPPORT OF SPECIFIC ONGOING OR ANTICIPATED INTER-
 ROGATIONS:
   (I)  RECOGNIZING  AND  RESPONDING  TO  PERSONS WITH PHYSICAL OR MENTAL
 ILLNESS OR CONDITIONS,
   (II) THE POSSIBLE PHYSICAL AND MENTAL EFFECTS OF PARTICULAR TECHNIQUES
 AND CONDITIONS OF INTERROGATION, OR
   (III)  THE  DEVELOPMENT  OF  EFFECTIVE  INTERROGATION  STRATEGIES  NOT
 INVOLVING THE PRACTICE OF TORTURE.
   6.  DUTY TO REPORT. (A) HEALTH PROFESSIONALS IN A COVERED FACILITY, OR
 OTHER INDIVIDUALS PROVIDING SUPERVISION OR SERVICES TO  AN  INCARCERATED
 INDIVIDUAL  IN A COVERED FACILITY, SHALL REPORT ANY INSTANCES OF TORTURE
 OF INCARCERATED INDIVIDUALS, OR OTHER  VIOLATIONS  OF  THIS  SECTION  OR
 RULES  OR  REGULATIONS  PROMULGATED  PURSUANT  THERETO, TO AN INDIVIDUAL
 DESIGNATED BY THE COVERED FACILITY TO RECEIVE SUCH COMPLAINTS AND/OR THE
 OFFICE OF THE INSPECTOR GENERAL PURSUANT TO THIS SECTION.
   (B) INDIVIDUALS WHO HAVE INFORMATION  ABOUT  POTENTIAL  VIOLATIONS  OF
 THIS SECTION SHALL BE PROVIDED THE OPPORTUNITY TO CONFIDENTIALLY CONTACT
 GOVERNMENTAL AND NONGOVERNMENTAL ORGANIZATIONS WHICH MAY PROVIDE ASSIST-
 ANCE ON HOW SUCH INDIVIDUALS MAY FILE A COMPLAINT UNDER THIS SECTION.
   7. PROHIBITION ON RETALIATION. NO OFFICER, OTHER EMPLOYEE OF A COVERED
 FACILITY  OR AN EMPLOYEE OR AGENT OF ANOTHER GOVERNMENTAL OR NON-GOVERN-
 MENTAL ORGANIZATION WHO IS WORKING,  OPERATING,  OR  VOLUNTEERING  IN  A
 COVERED FACILITY SHALL CARRY OUT, OR CAUSE OTHERS TO CARRY OUT, ANY FORM
 OF  RETALIATION  AGAINST,  OR  THREATS  TO, ANY INCARCERATED INDIVIDUAL,
 STAFF OF THE COVERED FACILITY OR OTHERS WORKING IN, OPERATING, OR VOLUN-
 TEERING IN  THE  COVERED  FACILITY,  OR  OTHER  PERSONS,  FOR  REPORTING
 TORTURE,  OR  OTHER  VIOLATIONS  OF THIS SECTION OR RULES OR REGULATIONS
 PROMULGATED PURSUANT THERETO. FOR  THE  PURPOSES  OF  THIS  SUBDIVISION,
 "REPORTING"  SHALL  INCLUDE:  (A)  ANY  CONTACT  WITH  ANY EMPLOYEE OF A
 COVERED FACILITY, OR AN EMPLOYEE OR AGENT OF ANY GOVERNMENTAL,  OR  NON-
 GOVERNMENTAL  ORGANIZATION; OR (B) COMMUNICATING WITH BUT NOT LIMITED TO
 THE MEDIA, LAWMAKERS, THE  CORRECTIONAL  ASSOCIATION  OF  NEW  YORK,  AN
 ATTORNEY,  AN  ADVOCATE,  AN  INVESTIGATIVE  BODY OR ANY OTHER PERSON OR
 ENTITY. THIS SUBDIVISION SHALL APPLY TO ANY REPORTING OF  TORTURE  BY  A
 PERSON  INCLUDING,  BUT  NOT  LIMITED  TO,  PROVIDING INFORMATION: ABOUT
 POTENTIAL VIOLATIONS OF THIS SECTION;  CONCERNING  HOW  AN  INCARCERATED
 INDIVIDUAL  OR  OTHER  PERSON MAY EXERCISE THEIR RIGHTS PURSUANT TO THIS
 SECTION; ABOUT THE RESPONSIBILITIES OF STAFF  OF  THE  COVERED  FACILITY
 CONCERNING  THE  OBLIGATIONS  OF  THIS SECTION; OR TO, OR IN SUPPORT OF,
 ANOTHER INCARCERATED INDIVIDUAL, OR  OTHER  PERSON  NOT  INVOLVED  IN  A
 POTENTIAL VIOLATION OF THIS SECTION, BUT WHO IS CONSIDERING ASSISTING OR
 HAS ASSISTED AN INCARCERATED INDIVIDUAL WHO MAY HAVE BEEN TORTURED BY OR
 IN THE COVERED FACILITY OR CONCERNED ABOUT VIOLATIONS OF THIS SECTION.
   8.  REPORTS  OF  TORTURE;  CONFIDENTIALITY.  ALL REPORTS OF TORTURE OR
 OTHER VIOLATIONS OF THIS SECTION, OR RULES  OR  REGULATIONS  PROMULGATED
 PURSUANT  THERETO, BY ANY PERSON TO AN EMPLOYEE OR OTHER PERSON WORKING,
 OPERATING, OR VOLUNTEERING IN A COVERED  FACILITY,  OR  AN  EMPLOYEE  OR
 AGENT  OF ANOTHER GOVERNMENTAL OR NON-GOVERNMENTAL ORGANIZATION SHALL BE
 A. 8286                             7

 CONSIDERED CONFIDENTIAL BY THE GOVERNMENTAL OR  NON-GOVERNMENTAL  ORGAN-
 IZATION  UNLESS  THE  PERSON WHOSE IDENTITY WOULD BE DISCLOSED AGREES IN
 WRITING TO PERMIT DISCLOSURE OF SUCH INFORMATION. SUCH INFORMATION SHALL
 NOT BE REVEALED TO ANY OTHER PERSON OR ORGANIZATION EXCEPT TO THE EXTENT
 THAT  IS  NECESSARY  TO  TREAT,  INVESTIGATE,  OR  UNDERTAKE SECURITY OR
 MANAGEMENT DECISIONS TO RESPOND TO AN  ALLEGED  ACTION  AND  ENSURE  THE
 SAFETY, INCLUDING PROTECTION AGAINST RETALIATION, OF ALL PERSONS PROVID-
 ING SUCH INFORMATION.
   9.  FACILITY-BASED  ADMINISTRATIVE  INVESTIGATION.  WHEN  A  REPORT OF
 ALLEGED TORTURE OR OTHER VIOLATION OF THIS SECTION, OR  RULES  OR  REGU-
 LATIONS  PROMULGATED  PURSUANT  THERETO,  IS  MADE TO STAFF OF A COVERED
 FACILITY AND THE INCARCERATED INDIVIDUAL HAS AGREED THAT  SUCH  INFORMA-
 TION MAY BE COMMUNICATED TO THE COVERED FACILITY, SUCH INFORMATION SHALL
 BE CONFIDENTIALLY COMMUNICATED TO THE SENIOR MANAGEMENT OFFICIALS OF THE
 COVERED  FACILITY,  WHO SHALL BE RESPONSIBLE FOR DOCUMENTING THE ALLEGA-
 TION AND ENSURING THE SAFETY, INCLUDING PROTECTION AGAINST  RETALIATION,
 OF THE PERSON WHO HAS MADE AN ALLEGATION OF BEING TORTURED AND ANY INDI-
 VIDUAL  WHO  HAS PROVIDED INFORMATION ABOUT THE ALLEGED TORTURE OR OTHER
 VIOLATION OF THIS SECTION, OR RULES OR REGULATIONS PROMULGATED  PURSUANT
 THERETO.    THE COVERED FACILITY SHALL OVERSEE A FACILITY-BASED ADMINIS-
 TRATIVE INVESTIGATION INTO THE ALLEGATION AND REPORT SUCH INFORMATION TO
 THE AGENCY RESPONSIBLE FOR THE ADMINISTRATION OF THE  COVERED  FACILITY.
 SUCH  INVESTIGATION SHALL: BE DONE PROMPTLY, THOROUGHLY, AND OBJECTIVELY
 OF ALL ALLEGATIONS;  REQUIRE  THAT  INVESTIGATORS  GATHER  AND  PRESERVE
 DIRECT  AND  CIRCUMSTANTIAL  EVIDENCE;  AND  REQUIRE  THAT INVESTIGATORS
 INTERVIEW  ALLEGED  VICTIMS,  OTHERS  INVOLVED  IN  THE  INCIDENT,   AND
 WITNESSES,  AND  DOCUMENT  SUCH INTERVIEWS. THE RESULTING OUTCOME OF THE
 INVESTIGATION SHALL BE DOCUMENTED, INCLUDING,  BUT  NOT  LIMITED  TO,  A
 DESCRIPTION OF PHYSICAL AND TESTIMONIAL EVIDENCE, REASONING BEHIND CRED-
 IBILITY  ASSESSMENTS,  INVESTIGATIVE  FACTS AND FINDINGS, AND ANY ACTION
 TAKEN IN RESPONSE TO THE FINDINGS OF THE INVESTIGATION. REPORTS OF ALLE-
 GATIONS OF TORTURE OR OTHER VIOLATIONS OF  THIS  SECTION,  OR  RULES  OR
 REGULATIONS  PROMULGATED PURSUANT THERETO, SHALL PROMPTLY BE PROVIDED TO
 THE OFFICE OF THE INSPECTOR GENERAL. THE RESULTS OF  ANY  INVESTIGATIONS
 CONDUCTED  BY  OR  ON BEHALF OF THE ADMINISTRATION OF A COVERED FACILITY
 PURSUANT TO THIS SECTION SHALL ALSO BE PROMPTLY PROVIDED TO  THE  OFFICE
 OF THE INSPECTOR GENERAL. THE AGENCY RESPONSIBLE FOR THE COVERED FACILI-
 TY  SHALL  PUBLISH REPORTS ON THE AGENCY'S WEBSITE WITH QUARTERLY, SEMI-
 ANNUAL AND ANNUAL CUMULATIVE REPORTS  OF  THE  NUMBER  OF  INCIDENTS  OF
 ALLEGED  TORTURE  OR  OTHER  VIOLATION OF THIS SECTION OR RULES OR REGU-
 LATIONS PROMULGATED PURSUANT THERETO, THE MONTH SUCH INCIDENTS OCCURRED,
 THE FACILITIES IN WHICH SUCH INCIDENTS ALLEGEDLY OCCURRED, THE  TYPE  OF
 TORTURE  OR  OTHER  VIOLATION  OF  THIS  SECTION OR RULES OR REGULATIONS
 PROMULGATED PURSUANT THERETO ALLEGED, THE FINDINGS OF THE INVESTIGATION,
 AND ANY DISCIPLINARY ACTION TAKEN IN RESPONSE TO SUCH INVESTIGATION. THE
 AGENCY SHALL MAINTAIN THE CONFIDENTIALITY OF THE REPORTERS, INCARCERATED
 INDIVIDUALS, AND WITNESSES IN SUCH PUBLISHED REPORTS.
   10. OBLIGATIONS OF THE INSPECTOR GENERAL. THE OFFICE OF THE  INSPECTOR
 GENERAL,  IN RECEIVING COMPLAINTS AND INVESTIGATING COMPLIANCE WITH THIS
 SECTION AND RULES OR REGULATIONS PROMULGATED PURSUANT THERETO AND IN ITS
 INTERACTION WITH AGENCIES OF COVERED FACILITIES, SHALL BE OBLIGATED TO:
   (A) PROVIDE A MEANS FOR AN INCARCERATED INDIVIDUAL OR A THIRD PARTY TO
 REPORT AN ALLEGATION OF TORTURE OR OTHER VIOLATION OF THIS  SECTION,  OR
 RULES  OR REGULATIONS PROMULGATED PURSUANT THERETO, TO THE OFFICE OF THE
 INSPECTOR GENERAL. THE INCARCERATED INDIVIDUAL SHALL BE PROVIDED A MEANS
 TO REPORT SUCH A COMPLAINT CONFIDENTIALLY THROUGH THE  MAIL,  TELEPHONE,
 A. 8286                             8
 
 AND  THEIR TABLET OR OTHER ELECTRONIC DEVICE PROVIDING ACCESS TO OUTSIDE
 SOURCES. STAFF OR OTHER INDIVIDUALS WORKING OR VOLUNTEERING IN A COVERED
 FACILITY OR AN EMPLOYEE OR AGENT OF ANOTHER GOVERNMENTAL OR  NON-GOVERN-
 MENTAL  ORGANIZATION  MAY  ALSO REPORT AN ALLEGATION OF TORTURE OR OTHER
 VIOLATION OF THIS SECTION, OR RULES OR REGULATIONS PROMULGATED  PURSUANT
 THERETO,  TO THE OFFICE OF THE INSPECTOR GENERAL WHEN: (I) THE INCARCER-
 ATED INDIVIDUAL HAS AGREED THAT SUCH INFORMATION MAY BE COMMUNICATED  TO
 THE  OFFICE  OF  THE INSPECTOR GENERAL; AND (II) THE REPORTING PERSON IS
 CONCERNED ABOUT THE SAFETY OF  THE  INCARCERATED  INDIVIDUAL,  STAFF  OR
 OTHER  INDIVIDUALS  REPORTING TORTURE OR A VIOLATION OF THIS SECTION, OR
 RULES OR REGULATIONS PROMULGATED PURSUANT THERETO, IF  SUCH  REPORT  WAS
 MADE  TO OFFICIALS OF THE COVERED FACILITY OR ANOTHER STATE AGENCY. WHEN
 AN INCARCERATED INDIVIDUAL DOES NOT PROVIDE CONSENT TO REPORT AN ALLEGA-
 TION OF TORTURE OR OTHER VIOLATION OF THIS SECTION, OR  RULES  OR  REGU-
 LATIONS  PROMULGATED  PURSUANT  THERETO,  THE STAFF OR OTHER INDIVIDUALS
 WORKING OR VOLUNTEERING IN A COVERED FACILITY OR AN EMPLOYEE OR AGENT OF
 ANOTHER GOVERNMENTAL OR NON-GOVERNMENTAL ORGANIZATION WHO  HAS  RECEIVED
 AN ALLEGATION OF TORTURE OR OTHER VIOLATION OF THIS SECTION, OR RULES OR
 REGULATIONS  PROMULGATED  PURSUANT  THERETO, MAY REPORT TO THE OFFICE OF
 THE INSPECTOR GENERAL INFORMATION ABOUT SUCH  VIOLATION  TO  THE  EXTENT
 THAT  SUCH  INFORMATION  CANNOT LEAD TO THE IDENTIFICATION OF THE PERSON
 WHO HAS PROVIDED THE INFORMATION ABOUT  THE  ALLEGED  VIOLATION.    SUCH
 REPORT MAY INCLUDE BUT NEED NOT BE LIMITED TO: IDENTIFYING THE FACILITY,
 BUT  NOT  THE LOCATION, WHERE THE ALLEGED VIOLATION OCCURRED; THE MONTH,
 BUT NOT THE DATE, OF THE ALLEGED INCIDENT; AND CONCERNS ABOUT A  PATTERN
 OR  PRACTICE OF VIOLATIONS OF THE LAW OR REGULATIONS, WITHOUT SPECIFYING
 INFORMATION ABOUT ANY PARTICULAR INCIDENT. THE OFFICE OF  THE  INSPECTOR
 GENERAL  SHALL PROVIDE A MEANS BY WHICH SUCH INFORMATION CAN BE REPORTED
 ANONYMOUSLY AND BY MEANS OF MAIL, TELEPHONE,  AND  AN  ONLINE  COMPLAINT
 FORM;
   (B)  REPORT  ANY  COMPLAINT THEY RECEIVE TO THE COVERED FACILITY WHERE
 SUCH COMPLAINT ALLEGEDLY OCCURRED OR WHERE SUCH INCARCERATED  INDIVIDUAL
 IS  DETAINED  OR INCARCERATED UNLESS THE OFFICE OF THE INSPECTOR GENERAL
 DETERMINES THAT SUCH REPORTING WILL RESULT IN UNREASONABLE RISK  TO  THE
 SAFETY  OF  THE INCARCERATED INDIVIDUAL OR OTHER PERSONS INVOLVED IN THE
 REPORTING OF A VIOLATION  OF  THIS  SECTION,  OR  RULES  OR  REGULATIONS
 PROMULGATED PURSUANT THERETO; AND
   (C)  PUBLISH  REPORTS  ON  ITS WEBSITE WITH QUARTERLY, SEMI-ANNUAL AND
 ANNUAL CUMULATIVE DATA ON: THE NUMBER OF INCIDENTS OF ALLEGED TORTURE OR
 OTHER VIOLATIONS OF THIS SECTION, OR RULES  OR  REGULATIONS  PROMULGATED
 PURSUANT  THERETO;  THE  MONTH  SUCH  INCIDENTS  ALLEGEDLY OCCURRED; THE
 FACILITY IN WHICH SUCH INCIDENTS ALLEGEDLY OCCURRED; THE TYPE OF TORTURE
 OR OTHER VIOLATION OF THIS SECTION, OR RULES OR REGULATIONS  PROMULGATED
 PURSUANT  THERETO,  ALLEGED;  AND  WHAT  ACTION  AGENCIES  HAVE TAKEN IN
 RESPONSE TO SUCH REPORTS. THE AGENCY SHALL MAINTAIN THE  CONFIDENTIALITY
 OF  THE  REPORTERS,  INCARCERATED  INDIVIDUALS  AND  WITNESSES  IN  SUCH
 PUBLISHED REPORTS.
   11. MONITORING OF COVERED FACILITIES.  THE  OFFICE  OF  THE  INSPECTOR
 GENERAL SHALL MONITOR ALL COVERED FACILITIES CONCERNING THEIR COMPLIANCE
 WITH  THIS  SECTION  AND  ANY  RULES OR REGULATIONS PROMULGATED PURSUANT
 THERETO. IN EXERCISING SUCH  AUTHORITY,  THE  OFFICE  OF  THE  INSPECTOR
 GENERAL  SHALL HAVE DIRECT AND IMMEDIATE ACCESS TO: (A) ALL AREAS IN THE
 COVERED FACILITIES WHERE INCARCERATED  INDIVIDUALS  RESIDE,  WHERE  THEY
 PARTICIPATE  IN PROGRAMS OR OTHER ACTIVITIES, OR WHERE THEY MIGHT TEMPO-
 RARILY BE LOCATED; (B) REVIEW AND PROMPTLY OBTAIN COPIES OF ALL CLINICAL
 RECORDS, DATA, OTHER RECORDS AND INFORMATION MAINTAINED BY  THE  COVERED
 A. 8286                             9
 
 FACILITY  OR  OTHER  GOVERNMENTAL  OR NON-GOVERNMENTAL AGENCIES WORKING,
 OPERATING OR VOLUNTEERING IN THE COVERED FACILITY OR PROVIDING  SERVICES
 TO  AN  INCARCERATED  INDIVIDUAL, RELATING TO THE OFFICE'S OBLIGATION TO
 MONITOR  COMPLIANCE  WITH  THIS  SECTION, INCLUDING, BUT NOT LIMITED TO,
 ASSESSMENT OF ANY ALLEGED COMPLAINTS CONCERNING ANY  INCARCERATED  INDI-
 VIDUAL AND ANY OTHER ALLEGED VIOLATION OF THIS SECTION OR RULES OR REGU-
 LATIONS  PROMULGATED PURSUANT THERETO; AND (C) INTERVIEW AND COMMUNICATE
 CONFIDENTIALLY WITH ANY  INCARCERATED  INDIVIDUAL,  ANY  EMPLOYEE  OF  A
 COVERED  FACILITY  OR  AN  EMPLOYEE  OR AGENT OF ANOTHER GOVERNMENTAL OR
 NON-GOVERNMENTAL ORGANIZATION WHO IS WORKING, OPERATING OR  VOLUNTEERING
 IN  A  COVERED FACILITY. THE OFFICE OF THE INSPECTOR GENERAL SHALL MAIN-
 TAIN THE CONFIDENTIALITY OF ALL  PATIENT-SPECIFIC  INFORMATION  OBTAINED
 DURING THE COURSE OF ITS MONITORING ACTIVITIES.
   12.  ANNUAL  REPORTS. THE OFFICE OF THE INSPECTOR GENERAL SHALL SUBMIT
 AT LEAST ANNUALLY A REPORT TO THE GOVERNOR AND THE LEGISLATURE  DESCRIB-
 ING  THE  STATE'S  PROGRESS  IN COMPLYING WITH THIS SECTION. SUCH REPORT
 SHALL BE PUBLICLY AVAILABLE AND SHALL INCLUDE, BUT NOT  BE  LIMITED  TO:
 (A) DATA REGARDING THE NUMBER OF REPORTS RECEIVED BY THE OFFICE CONCERN-
 ING  ALLEGED VIOLATIONS OF THIS SECTION BY FACILITY, RESULTS OF INVESTI-
 GATIONS BY THE COVERED FACILITIES OF ANY COMPLAINTS RELATED TO VIOLATION
 OF THIS SECTION, AND TYPES OF CORRECTIVE ACTIONS THAT WERE TAKEN BY  THE
 COVERED  FACILITIES  IN  RESPONSE  TO  SUCH  INVESTIGATIONS; AND (B) THE
 RESULTS OF THE OFFICE'S REVIEW OF PATTERNS AND TRENDS IN  THE  REPORTING
 OF  AND  RESPONSE  TO  REPORTABLE  INCIDENTS  PURSUANT  TO THIS SECTION,
 INCLUDING THE OFFICE'S RECOMMENDATIONS FOR  APPROPRIATE  PREVENTIVE  AND
 CORRECTIVE  ACTIONS  BASED  UPON ITS FINDINGS, AND EFFORTS UNDERTAKEN BY
 THE  COVERED  FACILITIES  AND  OTHER  GOVERNMENTAL  OR  NON-GOVERNMENTAL
 PERSONS  WORKING,  OPERATING  OR VOLUNTEERING IN THE COVERED FACILITY IN
 RESPONSE TO THE  OFFICE'S  FINDINGS  AND  RECOMMENDATIONS.  THE  COVERED
 FACILITIES  AND OTHER GOVERNMENTAL AND NON-GOVERNMENTAL AGENCIES WORKING
 OR OPERATING IN A COVERED FACILITY  SHALL  RESPOND  IN  WRITING  TO  THE
 OFFICE'S  REPORTS,  INCLUDING, BUT NOT LIMITED TO, THE OFFICE'S FINDINGS
 AND RECOMMENDATIONS AND WHAT ACTIONS IF ANY,  THE  COVERED  FACILITY  OR
 OTHER  AGENCY  HAS  UNDERTAKEN  OR  PLANS TO UNDERTAKE TO ADDRESS ISSUES
 RAISED IN THE OFFICE'S REPORTS.
   13. EMPLOYEE TRAINING. ALL COVERED FACILITIES SHALL  ENSURE  THAT  THE
 CURRICULUM  FOR  NEW  EMPLOYEES  OR OTHER PERSONS WORKING, OPERATING, OR
 VOLUNTEERING IN A COVERED FACILITY SHALL INCLUDE AT LEAST THREE HOURS OF
 TRAINING ABOUT THE PROVISIONS OF THIS SECTION AND ANY  RULES  AND  REGU-
 LATIONS  PROMULGATED THERETO, INCLUDING, BUT NOT LIMITED TO, ALL METHODS
 OF REPORTING COMPLAINTS ABOUT TORTURE  OF  INCARCERATED  INDIVIDUALS  OR
 OTHER  VIOLATIONS  OF  THIS  SECTION OR RULES OR REGULATIONS PROMULGATED
 THERETO, HOW TO ENSURE CONFIDENTIALITY OF MEDICAL  ENCOUNTERS,  REQUIRE-
 MENTS  ON PRESERVING THE CONFIDENTIALITY OF PERSONS REPORTING VIOLATIONS
 OF THIS SECTION OR RULES OR REGULATIONS  PROMULGATED  THERETO,  AND  THE
 OBLIGATIONS  OF COVERED FACILITIES TO INVESTIGATE, DOCUMENT AND PUBLICLY
 REPORT INSTANCES OF ALLEGED VIOLATIONS OF THIS  SECTION  AND  RULES  AND
 REGULATIONS PROMULGATED THERETO. ALL EMPLOYEES AND OTHER PERSONS WORKING
 OR OPERATING IN A COVERED FACILITY SHALL RECEIVE TWO ADDITIONAL HOURS OF
 TRAINING EACH YEAR ON THE REQUIREMENTS OF THIS SECTION AND ANY RULES AND
 REGULATIONS PROMULGATED THERETO SIMILAR TO THE TRAINING MANDATED FOR NEW
 EMPLOYEES.
   14.  RULES  AND  REGULATIONS. ALL COVERED FACILITIES AND OTHER GOVERN-
 MENTAL AGENCIES THAT HAVE STAFF WORKING OR OPERATING IN A COVERED FACIL-
 ITY SHALL PROMULGATE RULES AND REGULATIONS PERTAINING TO  THIS  SECTION.
 SUCH  RULES  AND REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO: MEAS-
 A. 8286                            10
 
 URES TO ENSURE THAT HEALTH ENCOUNTERS ARE CONDUCTED IN PRIVATE AND MAIN-
 TAIN CONFIDENTIALITY; PROHIBITIONS AGAINST TORTURE OF INCARCERATED INDI-
 VIDUALS AND THE RESPONSIBILITY OF EVERY PERSON IN THE FACILITY TO REPORT
 ANY  INSTANCE  OF  SUCH  ABUSE;  MEASURES THAT HAVE BEEN IMPLEMENTED FOR
 PERSONS TO REPORT VIOLATIONS OF THIS SECTION OR ANY RULES OR REGULATIONS
 PROMULGATED THERETO BOTH TO THE COVERED FACILITY AND/OR  THE  OFFICE  OF
 THE  INSPECTOR  GENERAL;  PROCEDURES FOR THE COVERED FACILITY TO RECORD,
 INVESTIGATE, AND RESPOND TO VIOLATIONS OF THIS SECTION OR ANY  RULES  OR
 REGULATIONS  PROMULGATED  THERETO;  AND  THE  PROHIBITION OF RETALIATION
 AGAINST ANY  INCARCERATED  INDIVIDUAL,  PERSONS  WORKING,  OPERATION  OR
 VOLUNTEERING  IN  THE  COVERED FACILITY, OR OTHER PERSONS WHO REPORT ANY
 VIOLATION OF THIS SECTION OR ANY RULES OR REGULATIONS PROMULGATED THERE-
 TO. COVERED FACILITIES SHALL ALSO  PROVIDE  INFORMATION  ORALLY  AND  IN
 WRITING  TO  ALL INCARCERATED INDIVIDUALS ABOUT THE REQUIREMENTS OF THIS
 SECTION AND ANY RULES OR REGULATIONS PROMULGATED THERETO, INCLUDING, BUT
 NOT LIMITED TO: THE MEANS BY WHICH INCARCERATED INDIVIDUALS  CAN  REPORT
 VIOLATIONS OF THIS SECTION OR ANY RULES OR REGULATIONS PROMULGATED THER-
 ETO; THE OBLIGATION OF STAFF AND OTHERS TO REPORT ANY ALLEGED VIOLATIONS
 OF  THIS  SECTION  OR  ANY RULES OR REGULATIONS PROMULGATED THERETO; THE
 REQUIREMENT TO MAINTAIN CONFIDENTIALITY OF ANY REPORTS; AND  THE  DUTIES
 OF  THE OFFICE OF THE INSPECTOR GENERAL TO RECEIVE SUCH REPORTING AND TO
 MONITOR COMPLIANCE WITH  THIS  SECTION  AND  ANY  RULES  OR  REGULATIONS
 PROMULGATED THERETO.
   15.  MITIGATION.  THE  FOLLOWING  MAY BE CONSIDERED IN FULL OR PARTIAL
 MITIGATION OF A VIOLATION OF THIS SECTION OR ANY  RULES  OR  REGULATIONS
 PROMULGATED THERETO BY THE HEALTH PROFESSIONAL:
   (A) COMPLIANCE WITH SUBDIVISION SIX OF THIS SECTION; OR
   (B)  COOPERATION IN GOOD FAITH WITH AN INVESTIGATION OF A VIOLATION OF
 THIS SECTION OR ANY RULES OR REGULATIONS PROMULGATED THERETO.
   16. SCOPE  OF  PRACTICE  NOT  EXPANDED.  THIS  SECTION  SHALL  NOT  BE
 CONSTRUED  TO  EXPAND THE LAWFUL SCOPE OF PRACTICE OF ANY HEALTH PROFES-
 SIONAL.
   § 4. Section 6509 of the education law is  amended  by  adding  a  new
 subdivision 15 to read as follows:
   (15)  ANY  VIOLATION  OF  SECTION TWENTY-FIVE OF THE PUBLIC HEALTH LAW
 (RELATING TO PARTICIPATION IN TORTURE  OF  INCARCERATED  INDIVIDUALS  BY
 HEALTH PROFESSIONALS), SUBJECT TO MITIGATION UNDER THAT SECTION.
   §  5.  Section  6530  of  the education law is amended by adding a new
 subdivision 51 to read as follows:
   51. ANY VIOLATION OF SECTION TWENTY-FIVE  OF  THE  PUBLIC  HEALTH  LAW
 (RELATING  TO  PARTICIPATION  IN  TORTURE OF INCARCERATED INDIVIDUALS BY
 HEALTH PROFESSIONALS), SUBJECT TO MITIGATION UNDER THAT SECTION.
   § 6. Paragraphs (b) and (c) of subdivision 2 of  section  740  of  the
 labor  law,  as  amended by chapter 522 of the laws of 2021, are amended
 and a new paragraph (d) is added to read as follows:
   (b) provides information to, or  testifies  before,  any  public  body
 conducting  an investigation, hearing or inquiry into any such activity,
 policy or practice by such employer; [or]
   (c) objects to, or refuses to participate in any such activity, policy
 or practice[.]; OR
   (D) REPORTS OR THREATENS TO REPORT ANY VIOLATION  OF  SECTION  TWENTY-
 FIVE  OF  THE PUBLIC HEALTH LAW (RELATING TO PARTICIPATION IN TORTURE OF
 INCARCERATED INDIVIDUALS BY HEALTH PROFESSIONALS).
   § 7. Subdivision 3 of section 740 of the  labor  law,  as  amended  by
 chapter 522 of the laws of 2021, is amended to read as follows:
 A. 8286                            11
 
   3.  Application. The protection against retaliatory action provided by
 paragraph (a) of subdivision two of this section pertaining  to  disclo-
 sure  to  a  public  body  shall not apply to an employee who makes such
 disclosure to a public body unless the employee has made  a  good  faith
 effort  to  notify [his or her] THEIR employer by bringing the activity,
 policy or practice to the attention of a supervisor of the employer  and
 has  afforded  such  employer  a  reasonable opportunity to correct such
 activity, policy or practice. Such employer notification  shall  not  be
 required  where:  (a)  there  is  an  imminent and serious danger to the
 public health or safety;  (b)  the  employee  reasonably  believes  that
 reporting to the supervisor would result in a destruction of evidence or
 other  concealment  of the activity, policy or practice; (c) such activ-
 ity, policy or practice could reasonably be expected to lead  to  endan-
 gering the welfare of a minor; (d) the employee reasonably believes that
 reporting to the supervisor would result in physical harm to the employ-
 ee  or  any other person; [or] (e) the employee reasonably believes that
 the supervisor is already aware of the activity, policy or practice  and
 will  not  correct such activity, policy or practice; OR (F) SUCH ACTIV-
 ITY, POLICY, OR PRACTICE CONSTITUTES A VIOLATION UNDER  SECTION  TWENTY-
 FIVE  OF THE PUBLIC HEALTH LAW (PARTICIPATION IN TORTURE OF INCARCERATED
 INDIVIDUALS BY HEALTH PROFESSIONALS).
   § 8. Paragraphs (a) and (b) of subdivision 2 of  section  741  of  the
 labor  law,  as  amended by chapter 117 of the laws of 2020, are amended
 and a new paragraph (c) is added to read as follows:
   (a) discloses or threatens to disclose to a supervisor,  to  a  public
 body,  to  a  news media outlet, or to a social media forum available to
 the public at large, an activity, policy or practice of the employer  or
 agent  that the employee, in good faith, reasonably believes constitutes
 improper quality of patient care or improper quality of workplace  safe-
 ty; [or]
   (b)  objects  to, or refuses to participate in any activity, policy or
 practice of the employer or agent that  the  employee,  in  good  faith,
 reasonably  believes  constitutes  improper  quality  of patient care or
 improper quality of workplace safety[.]; OR
   (C) REPORTS OR THREATENS TO REPORT ANY VIOLATION  OF  SECTION  TWENTY-
 FIVE  OF THE PUBLIC HEALTH LAW (PARTICIPATION IN TORTURE OF INCARCERATED
 INDIVIDUALS BY HEALTH PROFESSIONALS).
   § 9. Subdivision 3 of section 741 of the  labor  law,  as  amended  by
 chapter 117 of the laws of 2020, is amended to read as follows:
   3.  Application.  The  protection against retaliatory personnel action
 provided by subdivision two of this section shall not apply  unless  the
 employee  has  brought  the improper quality of patient care or improper
 quality of workplace safety to the attention of  a  supervisor  and  has
 afforded the employer a reasonable opportunity to correct such activity,
 policy  or  practice.  This  subdivision shall not apply to an action or
 failure to act described in paragraph (a) of  subdivision  two  of  this
 section  where  the improper quality of patient care or improper quality
 of workplace safety described therein presents  an  imminent  threat  to
 public  health  or  safety  or  to  the  health of a specific patient or
 specific health [care] employee and the employee reasonably believes  in
 good faith that reporting to a supervisor would not result in corrective
 action; OR TO ANY REPORT OF A VIOLATION UNDER SECTION TWENTY-FIVE OF THE
 PUBLIC  HEALTH LAW (PARTICIPATION IN TORTURE OF INCARCERATED INDIVIDUALS
 BY HEALTH PROFESSIONALS).
   § 10. The introduction or enactment of this act shall not be construed
 to mean that: (a) conduct described by this act does not already violate
 A. 8286                            12
 
 state law or constitute professional misconduct; or  (b)  conduct  other
 than  that  described  by  this  act does not violate other state law or
 otherwise constitute professional misconduct.
   §  11.  Severability. If any provision of this act, or any application
 of any provision of this act, is held to  be  invalid,  that  shall  not
 affect  the validity or effectiveness of any other provision of this act
 or any other application of any provision of this act.
   § 12.   This act shall take  effect  on  the  first  of  January  next
 succeeding the date on which it shall have become a law.